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601. Notices, Demands and Communications Between the Parties. Any approval,
<br />disapproval, demand, document or other notice ("Notice") which either party may desire to give
<br />to the other party under this Agreement must be in writing and maybe given by any
<br />commercially acceptable means to the party to whom the Notice is directed at the address of the
<br />party as set forth below, or at any other address as that party may later designate by Notice.
<br />To Agency: Redevelopment Agency of the City of Santa Ana
<br />20 Civic Center Plaza, M-25
<br />Santa Ana, California 92780
<br />Attention: Executive Director
<br />To Developer: RSI Development LLC
<br />620 Newport Center Drive, Suite 1200
<br />Newport Beach, CA 92660
<br />Attention: Ron Simon
<br />Any written notice, demand or communication shall be deemed received immediate if
<br />delivered by hand and shall be deemed received on the third day from the date it is postmarked if
<br />delivered by registered or certified mail.
<br />602. Developer Indemnity.
<br />Developer shall indemnify, defend and hold harmless Agency, its officers, agents, employees
<br />and volunteers from and against any and all loss or damage, expenses, injuries, death to any
<br />person, damage to real or personal property, claim, demand, suit, action, judgment, settlement,
<br />reasonable attorney's fees, costs, or proceeding of any kind arising out of this Agreement,
<br />implementation of this Agreement, the sale of the property by Agency to Developer, securing of
<br />financing, design development drawings, engineering, construction, reconstruction, structural
<br />integrity of the homes to be built on the Sites, maintenance of Sites, operation, and subsequent
<br />sale of Sites, including but not limited to:
<br />(a) the presence, release, use, generation, discharge, storage or disposal of any Hazardous
<br />Materials, on, under, in or about, or the transportation of any such hazardous materials to
<br />or from, the Sites after the Closing Date;
<br />(b) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation,
<br />permit, judgment or license relating to the use, generation, release, discharge, storage,
<br />disposal or transportation of Hazardous Materials on, under, in or about, to or from, the
<br />Sites which occurs after the Closing Date;
<br />(c) latent material defects in construction;
<br />(d) any construction defect;
<br />(e) personal injury, including death, of the employees, agents, officers, and/or volunteers of
<br />Developer, Developer Parties, and/or any subcontractors, independent contractors,
<br />partners, and/or subsidiaries;
<br />(f) property damage claims of the employees, agents, officers, and/or volunteers of
<br />Developer, Developer Parties, and/or any subcontractors, independent contractors,
<br />partners, and/or subsidiaries;
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